Why Did "Judge" Paul Pozonsky Slip Through the Alaska Media Radar? - Part Four: Is Pozonsky Even Eligible for the Alaska Bar?

Hugging Linda at Occupy Anchorage

Linda Kellen Biegel asks this question at The Mudflats, as we enter day six of the strange blackout of information in Alaska's legacy media about what appears to have been either an inappropriate or illegal hire of discredited, out-of-state former judge, Paul Pozonsky, to a high-paying legal post in the Sean Parnell administration.

The story broke late Saturday, when the Anchorage Daily News published Shannyn Moore's weekly op-ed, an article titled How does a Pennsylvania ex-judge under investigation land an Alaska job?  Moore's editorial now has garnered 398 comments, and is the only published article by the Alaska media so far on this Parnell hire, for whom it appears state personnel rules were breached to accommodate.

On Monday, Jeanne Devon published an article, Parnell Hiring Scandal leads back to Dyson, Kopp, Palin, at The Mudflats.  Devon traced the "judge's" links to Alaska GOP politicians tied to the Palin and Parnell administrations.

On Wednesday, writing at The Mudflats, Linda Kellen Biegel published an article titled Is Pozonsky Eligible for AK Bar?  Here are a couple of the highlights:

A large issue of interest for me is Mr. Pozonsky’s legal status. As of August, he applied for membership to the Alaska Bar Association, which commonly takes about six months. According to Alaska Statute, a candidate for hearing officer must have been “admitted to practice law for at least two years immediately before the appointment.” While it says nothing specific about those two prior years being in the State of Alaska, one can assume that holding the hearing officer position requires an eventual membership in the Bar Association of the state in which the hearings are being held. 

So. what if it is determined that the candidate is not eligible for membership to the Alaska Bar? 

Rule #2 of the Alaska Bar Rules lists the eligibility requirements for membership to the Alaska Bar Association. Titled “Eligibility for Examination,” it gives education, age and application requirements as well as a list of items that would be considered a “cause for further inquiry”…things you might expect like: criminal convictions (other than traffic violations), academic misconduct, false statements, dishonest acts, etc…However, it was number 10 that caught my attention as being applicable to this particular case: 

(10) disciplinary action by an attorney disciplinary agency, other professional disciplinary agency or any governmental or administrative agency of any jurisdiction. 

According to the Pennsylvania papers, you might say he was subject to disciplinary action: 

Pozonsky resigned June 29 after 14 years on the bench, and a month after county President Judge Debbie O’Dell Seneca removed him from hearing criminal cases after she learned of the evidence destruction [in 16 drug cases from 1998 to 2011]. He earned $169,541 annually.

And:

The Alaska Bar Rules go on to say that consideration should be given to certain issues when “assigning weight and significance to prior conduct or condition.”

These issues include:

– the recency of the conduct or condition;

– the seriousness of the conduct or condition;

– the circumstances surrounding the conduct or condition

Since the “conduct” happened in June 2012, was serious enough to have Pozonsky removed from criminal cases, and probably caused his resignation, I’d say this should be enough to give the Alaska Bar Association pause.

The issue that troubles me the most is whether there is proof that the “destruction of evidence” actually occurred or did that evidence just disappear? Since the “evidence” was illegal and expensive drugs as well as cash, that’s an important piece of information to have before giving someone another position in the field of law.

A reader emailed me, asking why I'm just posting excerpts from other Alaskan bloggers' articles on Pozonsky, rather than doing my own research.

I replied that it would be fine if I had that luxury of time, while teaching three university courses (I start giving finals today), performing in local music ensembles, fulfilling the obligations of a musical composition fellowship and being involved with a complete rebuild of the heating and plumbing core of our house under semi-emergency conditions.

What drives me to this story is the lack of attention it is getting in our Alaska media, as much as the strange story itself.

Ranking Member of US House Natural Resource Committee Questions Shell Oil's Ability to Safely Drill in Alaska's Arctic

Democratic Party congressman, Edward J. Markey of Massachusetts has written to Interior Secretary Ken Salazar, questioning Shell Oil's ability to safely stop a blowout at their projected wells off of Alaska's Arctic coast:

Shell’s unsuccessful test in Puget Sound raises new questions about the company’s ability to successfully drill offshore in the Arctic and, more generally, about the ability of containment devices to function properly in the harsh Arctic environment.  The outcome of the containment dome test, the fact that Shell may have missed warning signals that something was wrong and Shell’s problems using ROVs, which could be required in an Arctic environment, raise troubling questions about whether Shell can drill safely in this harsh and sensitive area. [emphasis added]

Here's the full text of Markey's request (pdf).

Markey, who is the ranking Democrat in the US House Natural Resources Committee, quoted from several of the emails that are starting to come out as a result of Federal Freedom of Information Requests, some of which were released by Seattle public radio station KUOW last week.  The advocacy NGO, Public Employees for Environmental Responsibility has filed two sets of requests for information on the testing of the failed containment dome, and on other aspects of the testing regime Shell has or is undergoing in order to drill in such pristine and challenging waters.

Although KUOW in Seattle and the BBC have been dogging this story, as has Progressive Alaska, and the blog firedoglake, there has been no indication that any Alaska media outlet has either filed an FOIA, or is investigating the safety issues regarding the Arctic Challenger's viability for its supposed mission.

The House Resources Committee is chaired by Rep. Doc Hastings, from Eastern Washington.  Rep. Don young is a member of the committee.  Young hasn't yet commented on Markey's request.

Why Did "Judge" Paul Pozonsky Slip Through the Alaska Media Radar? - Part Three: Pittsburgh Tribune Begins Covering the Story

Where did the crack and cash go, "Judge"?

From today's Pittsburgh Tribune, at their website, TribLIVE:

A former Washington County Common Pleas judge under investigation by the Pennsylvania Attorney General’s office now works for the state of Alaska in a judicial position. 

Paul Pozonsky, 57, started as a Worker’s Compensation Board hearing officer in October, Alaska Department of Labor and Workforce Development spokeswoman Beth Leschper said Tuesday. 

Leschper did not respond to questions about Pozonsky’s qualifications or whether the department was aware of the investigation, which began after Pozonsky issued an order to destroy evidence in 17 criminal cases. 

Robert Del Greco, the Downtown attorney for Pozonsky, could not be reached for comment Tuesday. 

Pozonsky will earn about $79,000 annually overseeing and ruling on matters before the compensation board. His North Strabane house sold for $410,000 in November, according to the Washington County Recorder of Deeds. 

Pozonsky resigned June 29 after 14 years on the bench, and a month after county President Judge Debbie O’Dell Seneca removed him from hearing criminal cases. He earned $169,541 annually. 

According to criminal complaints, the evidence in some of the cases included crack and powder cocaine, heroin, marijuana and at least $2,000 in cash. [emphases added]

According to a commenter at another Outside news story on Pozonsky's background:

I'm not accusing the judge of doing anything untoward (regarding the election). However, his decision to punt the Home Rule Charter Amendment decision back to the voters of Peters Township essentially turned the 2011 election in favor of the Republican candidate, Vittone.

Obviously, not a story newsworthy enough for the Alaska media.  

Leave it to those pesky bloggers to rake the muck on this, eh?

Why Did "Judge" Paul Pozonsky Slip Through the Alaska Media Radar? - Part Two

Jeanne Devon at The Mudflats has posted a second round of alternative media-based articles on what may be the biggest scandal of the Parnell administration.  Here's AKM's opener:

Chuck Kopp, Chief of Staff to Republican State Senator Fred Dyson, and a two-week Palin administration official, dismissed over a sex scandal is now at the center of another firestorm – the controversial hiring of his brother-in-law Paul Pozonsky by the Parnell administration. 

"Pozonsky, a Pennsylvania judge under investigation for destroying evidence (including crack cocaine and cash) in 17 criminal cases was hired by the Parnell administration as an Alaska hearings officer. He was given the job despite his late application, the fact that the current investigation has stripped him of his ability to hear cases, and that he was the subject of a year-long protection from abuse order for domestic violence." 

A few months ago, the hearing officer position with the Workers’ Compensation Board opened. Applications arrived, the application process closed, resumes were reviewed, candidates were interviewed and a hiring decision appeared imminent. But then something happened. The application process was re-opened, a new application arrived, and a late applicant, Paul Pozonsky, got hired. 

To fully appreciate this story, we’ll need to travel back in time to … Troopergate. [emphasis added]

Devon's story just gets better.  Read it.  It deserves the highest accolades an Alaska journalist can get.

As I noted in my earlier article about Shannyn Moore's Sunday op-ed in the Anchorage Daily News about this absurdly inappropriate hire, "Should we start a betting pool on when or if the Alaska media will cover this scandal?"

A commenter at that post countered "I'll bet a pound of moose burger that AK Dispatch covers something on this first."

I challenged APRN radio announcer and news producer Steve Heimel on facebook (and raised him two halibut tacos) to beat the Dispatch.  He didn't directly counter, but Tuesday evening, substituting on KOAN radio for Shannyn Moore, Heimel did bring both Moore's and Devon's articles up.

I just did another Google search to see if KTUU, the ADN, the Dispatch, APRN or the AP have covered the scandal yet.  

More crickets.

Are only Alaska bloggers like Moore (yes, she is still a blogger) and Devon going to bring this story to national attention, while the legacy Alaska media sits on their thumbs?

The clock is ticking.

Devon's post ends with this picture of Gov. Sean Parnell, Sen. Fred Dyson and discredited Public Safety Commissioner Dyson Chief-of-Staff Chuck Kopp:

Corrupt Bastards Club - version 2.0

David Coombs' First Bradley Manning Press Conference

I'll be writing more about what came out during last week's hearings at Ft. Meade, when I get the time to get around to it this week.

One thing that is obvious, though, is that when Sen. Mark Begich looked into Manning's treatment back in 2010, at the request of a number of constituents, he was lied to.  Whoever lied to Sen. Begich violated 18 USC § 1001. To do that is a serious crime, punishable by up to eight years in prison.

In Front of Strange, Creepy Flag, HRC Announces She Is Running in 2016

U.S. Secretary of State Hillary Clinton spoke for a half hour or so at the annual Saban Forum, held this past weekend in Washington D.C.  New Yorker editor David Remnick, who attended the forum, cuts to the chase:

Hillary Clinton is running for President.

Remnick says a lot more than just that in a piece he had posted Sunday at the New Yorker web site.  He is not pleased with what he saw at the forum:

Hillary Clinton is running for President. And the Israeli political class is a full-blown train wreck. These are two conclusions, for whatever they are worth, based on a three-day conference I attended this weekend at the annual Saban Forum, in Washington, D.C.

Remnick was clearly upset by what he saw.  He’s a very good writer when inspired or angered.  Here is his description of a laudatory film on HRC, presented to forum attendees:

Hillary Clinton was the main speaker. In a packed ballroom of the Willard Hotel, she was greeted with a standing ovation and then a short, adoring film, a video Festschrift testifying to her years as First Lady, senator, and, above all, secretary of state. The film, an expensive-looking production, went to the trouble of collecting interviews with Israeli politicians—Benjamin Netanyahu, Ehud Barak, Tzipi Livni—and American colleagues, like John Kerry. Tony Blair, striking the moony futuristic note that was general in the hall, said, “I just have an instinct that the best is yet to come.”

The film was like an international endorsement four years in advance of the Iowa caucus and the New Hampshire primary. The tone was so reverential that it resembled the sort of film that the Central Committee of the Communist Party might have produced for Leonid Brezhnev’s retirement party if Leonid Brezhnev would only have retired and the Soviets had been in possession of advanced video technology. After it was over there was a separate video from the President. Looking straight into the camera, Obama kvelled at length: “You’ve been at my side at some of the most important moments of my Administration.” [emphases added]

Remnick was a bit disturbed by the closeness of National Public Radio‘s Robert Siegel to Israeli Foreign Minister and avowed ethnic cleanser-racist, Avigdor Lieberman:

[Israeli Prime Minister Benjamin] Netanyahu was not at the Saban Forum, but his notorious foreign minister and hard-right-wing coalition partner Avigdor Lieberman was.Lieberman, who has a history of making vicious remarks about Israeli Arabs and a range of other subjects, is rarely made available for interviews with the foreign press; the chance of embarrassment and international incident is too high. But here he was, in D.C., as Clinton’s pre-dinner opening act. Lieberman, who was born in the U.S.S.R. and lives on a settlement, was interviewed onstage by NPR’s Robert Siegel.

“Everyone wanted me to be politically correct,” Lieberman said as he settled into a chair onstage. “I’ll do my best.”

And so he did. Lieberman avoided any language that would fly into the headlines as racist or xenophobic. A keen and intelligent interviewer, Siegel seemed uncharacteristically reluctant to press Lieberman very hard or bring up Lieberman’s history of indelicacies where Arabs are concerned. [emphases added]

Here’s the paean:

And here is her subsequent speech:

Philip Weiss, writing today at Mondoweiss, concentrated on parts of Clinton’s address:

At a time when Britain and France are considering withdrawing ambassadors from Israel over its latest settlement plans, Hillary Clinton addressed the Saban Center at the Brookings Institution Friday night and, declaring “America and Israel are in it together,” said nothing about settlements or occupation except when she three times praised Benjamin Netanyahu for a “settlement freeze.”

Weiss goes on:

She faults the Arab spring and praises rightwing Israeli Foreign Minister Avigdor Lieberman.

She blames the Iranians for a skein of terror and “hegemonic” ambitions.

She blames Palestinians for the Gaza conflict.

…. her only references to settlements, [are] all praising Netanyahu and damning the Palestinians.

The usual demographic chatter, supporting Israeli discrimination against Palestinians:

“And without peace, the inexorable math of demographics will, one day, force Israelis to choose between preserving their democracy and remaining a Jewish homeland.”

Not once but twice:

“if you look at demography, you see the population shifts and the problems that that will cause for Israel.”

More from Weiss:

She speaks about Israeli settlements as if they are part of Israel:

“[I] walked along the fence near Gilo.”

She never uses the words occupy or occupation except in a favorable context:

“It gives Israel a moral high ground that I want Israel to occupy. That’s what I want Israel to occupy, the moral high ground.”

I commented at the Mondoweiss article, responding on whether HRC is running or not:

“Clinton won’t have much of a chance in 2016. She’s too old”

— Driving into town to go to a concert Saturday, the four of us talked about Clinton’s 2016 chances. That’s pretty much what I said too. I added that people are getting tired of the Clintons, even though Bill’s 2012 Democratic Party Convention speech showed he’s still got a spark or three of demonic life left.

The questions went on to “who will be the most likely 2016 Democratic Party prez contenders, then?” I suggested Rahm Emanuel, as he’s got the best operating money machine, even better than that of the Clintons.

The flag, morphing the American and Israeli flags into one banner, creeps me out. How about you?

At the same time Clinton and a host of others at the forum were further Israelifying the USA, here’s what was happening in the sane world:

According to three senior diplomats from various EU countries, Britain and France were coordinating their moves against Israel, which they will reportedly implement over the next few days, and have discussed the extraordinary step of recalling their ambassadors from Tel Aviv for consultations. This step has never been taken before by these countries toward Israel. It would be so extreme that Britain and France may not take such action at this point but, rather, could invoke it in the case of further escalation of Israeli actions against the Palestinians. A final decision in the matter will be made today by the British and the French foreign ministers. [emphasis added]

I want my country back.

The War on XMas - Part One

Why Did "Judge" Paul Pozonsky Slip Through the Alaska Media Radar?

Discredited Judge Paul Pozonsky, Parnell BFF

Last night the Anchorage Daily News became the first Alaska media outlet to cover a story that may end up being the biggest scandal of the Sean Parnell administration.  Which one of their reporters covered it?  

Richard Mauer, their best, and my favorite?  

Lisa Demer, whose local knowledge is hard to beat?  

Sean Cockerham, who covers the Alaska political beat?

Or Julia O'Malley, who has a nose for scandal, and is my wife's favorite ADN writer?

Sadly, none of the above.  This story of either the ineptitude or of Corrupt Bastards-level corruption came out in Shannyn Moore's weekly op-ed: 

[W]hy did Gov. Sean Parnell recently go all the way to Pennsylvania to fill a vacant Hearing Officer position in the labor department (you know, the department that promotes Alaska hire)?

And what Pennsylvanian did we bend over backwards to hire?

The answer to the second question is: an ex-judge named Paul Pozonsky, who is apparently under investigation right now by a Pennsylvania grand jury for destroying evidence in 17 criminal cases, which led to his being stripped of the ability to hear cases, and who was the subject of a year-long "Protection From Abuse" order for domestic violence.

You're probably thinking, there must be a story behind this:

A few months ago, the hearing officer position with the Workers' Compensation Board opened. Applications arrived, the application process closed, resumes were reviewed, candidates were interviewed and a hiring decision appeared imminent. But then something happened. The application process was re-opened, a new application arrived, and a late applicant, Paul Pozonsky, got hired.

Surely there's a good reason why none of the 4,000 Alaskans licensed to practice law in Alaska could fill the job. (I'm told that Mr. Pozonsky filed for a "reciprocal" Alaska license in August but it hasn't been granted yet.)

A little research shows that Mr. Pozonsky was Judge Pozonsky in Washington Co., Penn., for 14 years. He handled 60 to 70 percent of the criminal caseload for the entire county. That is he did until May of this year when the Pennsylvania Attorney General's office began investigating his conduct. He was stripped of his ability to preside over criminal cases. It appears Judge Pozonsky had somewhat bizarrely ordered the destruction of evidence in 17 criminal cases. (It's hard to appeal your case when the evidence disappears.)

Pennsylvania authorities apparently searched Judge Pozonsky's office and removed several boxes. According to press reports, a grand jury investigation of the judge has been ongoing since last fall.

The local paper reported in June that Judge Pozonsky went on vacation to Alaska and resigned when he returned home.

There's more in Moore's article.  You should read it!

Last night, after reading her essay, I thought "surely some Alaska media has already picked up this story?"  I went to bed.  

This morning I googled:

Anchorage Daily News Paul Pozonsky - Moore's op-ed

Alaska Dispatch Paul Pozonsky - crickets....

KTUU TV Paul Pozonsky - crickets....

APRN Paul Pozonsky - crickets

Associated Press Paul Pozonsky - a heap of articles about the wake of scandal and notoriety Pozonsky has left behind in Pennsylvania.

The position Parnell's administration broke the rules of hire to get Pozonsky into isn't exactly cabinet-level.  But one might ask why the network of contacts and Juneau-Achorage state government grapevine did not work for any of these outlets?  Of the media cited above, the Associated Press has virtually no excuse, as their own database is full of stuff on this eminently unqualified person.

One should read Moore's op-ed not only for her essay itself, but to read through the growing number of comments (108 at time of publishing this post) by both readers who are doing further research on Pozonsky, and by fools either trying to defend Parnell, or who are attacking the author ad hominem.

This guy seems to be an even worse hire than Palin's choice of Pete Kopp to be Commissioner of Public Safety.  Ironic, or, more to the point - quite troubling - that Pozonsky is married to Kopp's sister.

It turns out Mr. Pozonsky does have Alaska connections. He's married to Sarah Crapuchettes, the sister of Chuck Kopp of Soldotna. You will remember Kopp as Gov. Sarah Palin's replacement for Public Safety Commissioner Walt Monegan (a change prompted by Monegan's unwillingness to carry out Palin's wish that he fire her trooper ex-brother-in-law). Kopp wasn't vetted by Palin's staff, so when his history of sexual harassment allegations became public, he bowed out of the job (taking $10,000 for two weeks' work with him).

Should we start a betting pool on when or if the Alaska media will cover this scandal?

Read more here: http://www.adn.com/2012/12/01/2709454/shannyn-moore-how-does-a-pennsylvania.html#storylink=cpy

Read more here: http://www.adn.com/2012/12/01/2709454/shannyn-moore-how-does-a-pennsylvania.html#storylink=c

py

UAA Early Music Ensemble to Perform Sunday at 4:00

With this year's hire of Dr. John Lutterman at the University of Alaska Anchorage Department of Music, the school has acquired a third faculty member with special expertise in Baroque music.  Last spring, when Dr. Lutterman was on campus being evaluated with the other finalists for an opening in music theory and applied performance, I was especially impressed with his performance of his own transcription of a slow movement from a concerto for violoncello, by Antonio Vivaldi.

Joining him in performance Sunday afternoon will be Dr. Laura Koenig on flute and Dr. Roland Stearns, on lute.  According to fellow Alaska progressive blogger, Steve Aufrecht, who is also helping mentor Dr. Lutterman through his first year at UAA:

The instruments are all modern reconstructions of instruments from the 16th-18th centuries.  The first half of the program is mostly short pieces from the 16th & 17th centuries by lesser-known composers: Milano, Ortiz, Hume, Simpson, Frescobaldi, Mico, de la Barre, Berteau.  The second half is mostly German high-Baroque: Telemann, Bach, and Handel.

UAA faculty recitals are a great deal price-wise.  I hope to see many people there tomorrow.